Montana Administrative Code

36.2.524 DETERMINING THE SIGNIFICANCE OF IMPACTS In order to implement 75-1-201, MCA, the agency shall determine the significance of impacts associated with a proposed action. This determination is the basis of the agency's decision concerning the need to prepare an EIS and also …

36.2.525 PREPARATION AND CONTENTS OF ENVIRONMENTAL ASSESSMENTS The agency shall prepare an EA, regardless of its length or the depth of analysis, in a manner which utilizes an interdisciplinary approach. The agency may initiate a process to determine the scope of issues to be add…

36.2.526 PUBLIC REVIEW OF ENVIRONMENTAL ASSESSMENTS The level of analysis in an EA will vary with the complexity and seriousness of environmental issues associated with a proposed action. The level of public interest will also vary. The agency is responsible for adjusting public …

36.2.527 DETERMINING THE SCOPE OF AN EIS Prior to the preparation of an EIS, the agency shall initiate a process to determine the scope of the EIS. To identify the scope of an EIS, the agency shall: invite the participation of affected federal, state, and local government agencie…

36.2.528 ENVIRONMENTAL IMPACT STATEMENTS--GENERAL REQUIREMENTS The following apply to the design and preparation of EISs: The agency shall prepare EISs that are analytic rather than encyclopedic. The agency shall discuss the impacts of a proposed action in a level of detail that …

36.2.529 PREPARATION AND CONTENTS OF DRAFT ENVIRONMENTAL IMPACT STATEMENTS If required by these rules, the agency shall prepare a draft environmental impact statement using an interdisciplinary approach and containing the following: a description of the proposed action, including…

36.2.530 ADOPTION OF DRAFT ENVIRONMENTAL IMPACT STATEMENT AS FINAL Depending upon the substantive comments received in response to the draft EIS, the draft statement may suffice. The agency shall determine whether to adopt the draft EIS within 30 days of the close of the comment …

36.2.531 PREPARATION AND CONTENTS OF FINAL ENVIRONMENTAL IMPACT STATEMENT Except as provided in ARM 36.2.530, a final environmental impact statement must include: a summary of major conclusions and supporting information from the draft EIS and the responses to substantive comment…

36.2.532 TIME LIMITS AND DISTRIBUTION OF ENVIRONMENTAL IMPACT STATEMENTS Following preparation of a draft EIS, the agency shall distribute copies to the governor, EQC, appropriate state and federal agencies, the applicant, if any, and persons who have requested copies. The listed…

36.2.533 SUPPLEMENTS TO ENVIRONMENTAL IMPACT STATEMENTS The agency shall prepare supplements to either draft or final environmental impact statements whenever: the agency or the applicant makes a substantial change in a proposed action; there are significant new circumstances, di…

36.2.534 ADOPTION OF AN EXISTING EIS The agency shall adopt as part of a draft EIS all or any part of the information, conclusions, comments, and responses to comments contained in an existing EIS that has been previously or is being concurrently prepared pursuant to MEPA or the …

36.2.535 INTERAGENCY COOPERATION Whenever it is the lead agency responsible for preparation of an EIS, the agency may: request the participation of other governmental agencies which have special expertise in areas that should be addressed in the EIS; allocate assignments, as appr…

36.2.536 JOINT ENVIRONMENTAL IMPACT STATEMENTS AND EA'S Whenever the agency and one or more other state agencies have jurisdiction over an applicant's proposal or major state actions that individually, collectively, or cumulatively require an EIS and another agency is clearly the…

36.2.537 PREPARATION, CONTENT, AND DISTRIBUTION OF A PROGRAMMATIC REVIEW Whenever the agency is contemplating a series of agency-initiated actions, programs, or policies which in part or in total may constitute a major state action significantly affecting the human environment, i…

36.2.538 RECORD OF DECISION FOR ACTIONS REQUIRING ENVIRONMENTAL IMPACT STATEMENTS At the time of its decision concerning a proposed action for which an EIS was prepared, the agency shall prepare a concise public record of decision. The record, which may be integrated into any oth…

36.2.539 EMERGENCIES The agency may take or permit action having a significant impact on the quality of the human environment in an emergency situation without preparing an EIS. Within 30 days following initiation of the action, the agency shall notify the governor and the EQC as…

36.2.540 CONFIDENTIALITY Information declared confidential by state law or by an order of a court must be excluded from an EA and EIS. The agency shall briefly state the general topic of the confidential information excluded. Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA Imp…

36.2.541 RESOLUTION OF STATUTORY CONFLICTS Whenever a conflicting provision of another state law prevents the agency from fully complying with these rules the agency shall notify the governor and the EQC of the nature of the conflict and shall suggest a proposed course of action …

36.2.542 CONTRACTS AND DISCLOSURE The agency may contract for preparation of an EIS or portions thereof. Whenever an EIS or portion thereof is prepared by a contractor, the agency shall furnish guidance and participate in the preparation, independently evaluate the statement or p…

36.2.543 PUBLIC HEARINGS Whenever a public hearing is held on an EIS or an EA, the agency shall issue a news release legal notice to newspapers of general circulation in the area to be affected by the proposed action prior to the hearing. The news release or legal notice must adv…

36.2.601 WHEN FEES NOT ASSESSED (REPEALED) Authorizing statute(s): Sec. 75-1-202, MCA Implementing statute(s): Sec. 75-1-202, NEW, Eff. 5/6/76 History: REP, 1988 MAR p. 2692, Eff. 12/23/88.

36.2.602 PRELIMINARY COST ESTIMATE OF EIS-ESTIMATE OF PROJECT COST (REPEALED) Authorizing statute(s): Sec. 75-1-202, MCA Implementing statute(s): Sec. 75-1-202, MCA History: NEW, Eff. 5/6/76; REP, 1988 MAR p. 2692, Eff. 12/23/88.

36.2.603 FINAL FEE DETERMINATION (REPEALED) Authorizing statute(s): Sec. 75-1-202, MCA Implementing statute(s): Sec. 75-1-202, NEW, Eff. 5/6/76 History: REP, 1988 MAR p. 2692, Eff. 12/23/88.

36.2.604 FEE MAXIMUMS (REPEALED) Authorizing statute(s): Sec. 75-1-202, MCA Implementing statute(s): Sec. 75-1-202, MCA History: NEW, Eff. 5/6/76; REP, 1988 MAR p. 2692, Eff. 12/23/88.

36.2.605 APPEAL TO BOARD If an applicant for a lease, permit, contract, license, easement, or certificate believes that the fee assessed is excessive or does not conform to the requirements of this subchapter or section 75-1-203, MCA, the applicant may request a hearing before th…

36.2.606 USE OF FEE - ADDITIONAL FEE - ACCOUNTING AND REFUND (REPEALED) Authorizing statute(s): Sec. 75-1-202, MCA Implementing statute(s): Sec. 75-1-202 and 75-1-205, MCA History: NEW, Eff. 5/6/76; REP, 1988 MAR p. 2692, Eff. 12/23/88.

36.2.607 DEPARTMENT ASSISTANCE The department will make every effort to assist the applicant in preparing an estimated cost of a project. Furthermore, the department will make appropriate personnel available to the applicant to discuss the department's estimated cost of compiling…

36.2.608 EXCEPTIONS This subchapter shall not apply to any applicant for a water use permit or approval under 85-2-124, MCA. Authorizing statute(s): 75-1-202, MCA Implementing statute(s): 75-1-202 and 75-1-207, MCA History: NEW, Eff. 5/6/76; AMD, 1995 MAR p. 1891, Eff. 7/1/95; AM…

36.2.609 FEES: DETERMINATION OF AUTHORITY TO IMPOSE Whenever an application for a lease, permit, contract, license, or certificate is expected to result in the agency incurring expenses in excess of $2,500 to compile an EIS, the applicant is required to pay a fee in an amount the…

36.2.610 FEES: DETERMINATION OF AMOUNT After receipt of the applicant's estimated cost of the project and analysis of an agency's preliminary estimate of the cost of acquiring information and data for the EIS, the agency shall notify the applicant within 15 days of the final amou…

36.2.611 USE OF FEE The fee assessed hereunder may only be used to gather data and information necessary to compile an EIS. No fee may be assessed if an agency intends only to compile an EA or a programmatic review. If a department collects a fee and later determines that additio…

36.2.701 POLICIES AND OBJECTIVES IN PROVIDING CITIZEN PARTICIPATION IN THE OPERATION OF THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION Participation of the public is to be provided for, encouraged, and assisted to the fullest extent practicable consistent with other require…

36.2.702 GUIDELINES FOR DEPARTMENT PROGRAMS A continuing departmental program for public participation shall contain mechanisms of activity for each of the elements listed in this sub-chapter. The exact mechanisms of activity may vary in relation to RESOURCES available, public re…

36.2.801 POLICY STATEMENT The purpose of this subchapter is to implement Title 22, chapter 3, part 4, MCA, the Montana Antiquities Act, through the establishment of administrative procedures. The department shall conform to the following rules in the systematic consideration of a…

36.2.802 DEFINITION OF TERMS As used in this sub-chapter, unless the context clearly indicates otherwise, the additional definitions apply: "Antiquities" means heritage properties or paleontological remains. "Department" means the Montana department of natural resources and conse…

36.2.803 INITIAL CONSULTATION The department shall consult with SHPO early in any decision making process leading to a department action. The department's initial request to SHPO for consultation shall include the following information: a description of the proposed department ac…

36.2.804 DEPARTMENT CONSIDERATION OF SHPO RECOMMENDATION If SHPO responds to the department's initial consultation request, the department shall consider that response and determine if actions other than those proposed in its initial consultation request pursuant to ARM 36.2.803(…

36.2.805 POST-SURVEY CONSULTATION If the department requires a professional survey, it shall file with the SHPO all survey reports, including maps, photographs and site forms, immediately upon receipt of the final survey report. An analysis of site value must be included in the s…

36.2.807 DISCOVERY OF ANTIQUITIES AFTER COMMENCEMENT OF PROJECT As is required in part by 22-3-435, MCA, a person who discovers antiquities on state lands administered by the department or who finds that an operation licensed or otherwise entitled by the department may damage ant…

36.2.808 DEPOSIT OF MATERIALS RELATED TO ANTIQUITIES SITES The department shall deposit with SHPO all inventory reports produced during site or structure identification and evaluation, and other pertinent documents generated during mitigation, unless otherwise agreed by SHPO. The…

36.2.810 ANTIQUITIES PERMIT REQUIREMENT As provided in 22-3-432, MCA, no person may excavate, remove, or restore any antiquities on state land administered by the department unless he has secured an antiquities permit from SHPO. Authorizing statute(s): 22-3-424, MCA Implementing …

36.2.812 PROGRAMMATIC MEMORANDUM OF UNDERSTANDING On a site-specific or project-type basis and with good cause, the department may propose to SHPO procedures which differ from those outlined above. Alternative procedures agreed to by the department and SHPO may be incorporated in…

36.2.813 EMERGENCY ACTION The department may take or permit action substantially altering antiquities on state lands that it administers without consultation with the SHPO in an emergency situation. The department shall provide whatever protection and recordation is possible, giv…

36.2.901 PURPOSE The following rules and procedures were developed to implement the provisions of Chapter 467, L. 1987, 77-1-701, et seq., MCA. These statutory provisions provide, with some exceptions, that ownership records pertaining to non-trust state-owned land administered b…

36.2.902 DEFINITIONS Unless the context requires otherwise in these rules the following definitions apply: "Board" means the board of land commissioners provided for in Article X, section 4 of the Constitution of this state. "Central record repository" means the site at the depar…

36.2.903 FILING OF OWNERSHIP RECORDS As provided in 77-1-703, MCA, state agencies shall file with the department ownership records of state lands held, disposed of, or purchased by the agency. Authorizing statute(s): 77-1-707, MCA Implementing statute(s): 77-1-703 and 77-1-706, M…

36.2.904 DEPARTMENT TO MAINTAIN CENTRAL RECORD DEPOSITORY The department shall make available a copy of each state agency's land ownership no more than once a year to the administering agency. Authorizing statute(s): 77-1-707, MCA Implementing statute(s): 77-1-704, MCA History: N…

36.2.905 INDEX AND VERIFICATION OF OWNERSHIP RECORDS All state agencies within sixty days of acquiring or disposing of state lands shall be required to provide to the department an accurate record of such transaction. At the same time an agency provides the department with owners…

36.20.101 LICENSE AND PERMIT EXEMPTIONS (IS HEREBY REPEALED) Authorizing statute(s): 85-3-202, MCA Implementing statute(s): 85-3-202, MCA History: NEW, Eff. 5/6/76; REP, 1987 MAR p. 1561, Eff. 9/11/87.

36.20.101A WEATHER MODIFICATION - LICENSES AND PERMITS REQUIRED (IS HEREBY REPEALED) Authorizing statute(s): 85-3-102, MCA Implementing statute(s): 85-3-201, MCA History: NEW, 1987 MAR p. 1561, Eff. 9/11/87; REP, 1996 MAR p. 1159, Eff. 4/26/96.